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2025 DAILYLAW 10870 (GAU)

AMIR ALI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/424/2025 · 2025-05-01

Parthivjyoti Saikia

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010079872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/424/2025 AMIR ALI S/O. MANU ALI SHEIKH @ MANU ALI, VILL.- MAJGAON, P/S. SILAPATHAR, DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KAMRE ALAM KHAN S/O. MD. USI AHMED KHAN VILL.- NO. I MAJGAON P/S. SILAPATHAR DIST. DHEMAJI PIN- 787059 Advocate for the Petitioner : MD A A HUSSAIN, MR B BURAGOHAIN,MR. N S LASKAR Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.05.2025 Heard Mr. N.S. Laskar, the learned counsel appearing for the applicant. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This application has been filed under Section 5 of the Limitation Act praying for condonation of 81(eighty-one) days of delay in filing the connected criminal appeal. 3. It has been submitted that when the father of the applicant was making preparation for filing an appeal, he had heard problems. On the other hand, the applicant is still in judicial custody. For the aforesaid reasons, the delay took place. 4. The applicant was convicted by the learned Sessions Judge, Dhemaji in Sessions Case No.100/2014. He was sentenced to undergo rigorous imprisonment for different offences. Since the date of judgment on 18.11.2024, the petitioner has been in custody. 5. Considering all these facts, this Court is of the opinion that going for issuing notice to the private respondent could be sheer waste of time. 6. Accordingly, the prayer of the applicant is allowed. The delay stands condoned. The connected criminal appeal shall be registered and listed for Admission hearing. The Interlocutory Application is disposed of. JUDGE Comparing Assistant